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  5. 54 N.Y.2d 417 (1981)
 

MATTER OF JESSICA XX

54 N.Y.2d 417 (1981)

In the Matter of the Adoption of Jessica XX. Jonathan YY, Appellant; Lorraine WW et al., Respondents; Robert Abrams, as Attorney-General, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1981.

Attorney(s) appearing for the Case

David J. Freeman for appellant.

Jay L. Samoff for Lorraine Robertson and another, respondents.

Robert Abrams, Attorney-General (Robert J. Schack and Shirley Adelson Siegel of counsel), for intervenor-respondent.

Judges JASEN, GABRIELLI and MEYER concur with Judge JONES; Chief Judge COOKE dissents and votes to reverse in a separate opinion in which Judges WACHTLER and FUCHSBERG concur.

JONES, J.

Neither the decision of the Supreme Court of the United States in Caban v Mohammed (441 U.S. 380) nor its rationale is applicable to an adoption proceeding which had been finally determined and concluded prior to the announcement of that decision. Nor was it an abuse of discretion in the circumstances of this case for the Family Court Judge either to grant the...

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